2019
DOI: 10.1515/mopp-2018-0054
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Decriminalizing People Smuggling

Abstract: Since 2015 millions of migrants have paid smugglers to take them across borders. In response, states have increasingly arrested smugglers, hoping to morally condemn smuggling, and to decrease the rate of inward migration. This article argues that, even if a state is justified in morally condemning smuggling, and justified in decreasing inward migration, arresting smugglers is a disproportionate response for reaching these ends.

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Cited by 2 publications
(2 citation statements)
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“…The policy response is to focus on the flow of information to potential migrants and their families. Instead of recognising the cultural embeddedness of migration and alternative local conceptualisations of risk, they categorise those who embark on irregular journeys as reckless or irresponsible-a position vested with moral overtones that has been used to justify repressive measures to stop their journey and criminalise those who help them (Gerver, 2019).…”
Section: Risk In Migration Studiesmentioning
confidence: 99%
See 1 more Smart Citation
“…The policy response is to focus on the flow of information to potential migrants and their families. Instead of recognising the cultural embeddedness of migration and alternative local conceptualisations of risk, they categorise those who embark on irregular journeys as reckless or irresponsible-a position vested with moral overtones that has been used to justify repressive measures to stop their journey and criminalise those who help them (Gerver, 2019).…”
Section: Risk In Migration Studiesmentioning
confidence: 99%
“…Not all smugglers are equal. They may all be breaking the law but in spaces of irregularity, where it is almost impossible to move within the law, this does not mean that they are necessarily a primary source of harm to migrants (Gerver, 2019). At times, being under the control of a smuggler may provide a form of protection.…”
Section: Incorporating Risk Into Migration Policymentioning
confidence: 99%